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2018 Supreme(Guj) 1246

MOHINDER PAL
United India Insurance Co. Ltd. – Appellant
Versus
Vechata Bhuniya Rathwa (Minor) – Respondent


Advocates Appeared:
For the Petitioner: Vibhuti Nanavati.
For the Respondents: Ms. Sunita S. Chaturvedi.

JUDGMENT :

MOHINDER PAL, J.

All these matters are taken up together having common question regarding liability of the Insurance Company when gratuitous passengers are travelling in goods carriage vehicles dies or sustains injuries in an accident.

2. Earlier, Mr. P.K. Handa, learned Counsel has been appearing on behalf of the respondents, however, he is stated to have expired. Ms. Sunita S. Chaturvedi learned Counsel has put in appearance on behalf of respondents in First Appeal No. 1622 of 2001 and First Appeal No. 1628 of 2001. The arguments on behalf of respondents in all the cases will be similar. In order to avoid other petitions go unrepresented, Ms. Sunita S. Chaturvedi learned Counsel is appointed as Amicus Curiae to appear on behalf of all respondents in this group of appeals.

3. These appeals have been preferred against the award passed by the Motor Accident Claims Tribunal (Main) Vadodara on 16-9-2000 in M.A.C. Petition Nos. 719 of 1989 along with allied petitions, wherein, appellant-Insurance Company has been jointly and severally held liable to pay the compensation on account of death and injuries sustained in an accident which took place on 20-5-1989 at about 5-45 a.m. in















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